The Austin weekly statesman. (Austin, Tex.) 1883-1898, 1887-01-13


court reports cost little more than one dollar per
volume, and il Is now for the legislature of Texas
to cay whether we shall continue paying into the
Golfers of st. Louis printing house more than
| twice the amount annually which We can get the
same work done for here at home.
AGRICULTURAL AND MECHANICAL oLLEsE.
| am glad to be able to announce that this insti
tuition is in most hourishins condition, and that
| ii has been brought to something like that high
standard intended by it's founders. l recommend
| that provision be made for the appointment of a
board Of visitors to that insttuton and that said
board be paid areasonable per diem with expenses.
| Through such board, whose duty II would be TO
publish annual reports, etc, the public could be
made better acquainted with the advantages OF the
| agricultural and mechanical college than now.
Within the last few moRths the Institution has had
to mourn the loss OF the president Of the board Of
managers in the death of ex-senator Pfeuffer. In
| the demise Of such a man the country lost most
valuable citizen and the college most Jealous
and efficient supporter. The sons Of the farmers
and mechanics OF this state reaping rich har-
| vest from this school.
DISBURSEMENTS.
In former message L called attention to the
| manner Ut paving accounts OF county officers, and
suggested the propriety of paying all aherffs and
clerks counts in the counties where created. 1t
Is matter of impossibility for the comptroller to
| do justice between the state and persons from \
distance presenting accounts. He may often with
hold the payment OF an honest claim, or, as expe
Renee often proves, he may approve accounts that
should never We paid. The largest appropriation
made is to inset these accounts. The district
judge has not the time, and it is really no part of
his Constitutional duty to ecrutinize them, and at
the end of his term he often approves those pre-
scented without even examining them.
The money comes from tue people at all events,
and if, after the district judge has passed upon
them, they had to undergo the scrutiny OF an audi
tor or of the commissioners courts, and then re-
main on file in their respective counties 20 that
they might be inspected by the people, there
would be but few illegal accounts presented. Let
this be done and then require the commissioners,
courts to provide for their payment, and If you
do you will do away with the possibilities of
| errors in the line referred to.
THE JUDICIARY.
During the last year or two there has been much
complaint about the administration of the laws its
delays, etc, and many suggestions have been
made looking TO an improved system. 1t appears
to me that there Is radical defect in the proposed
improvements, because all of them look to the
court of last resort for the remedy. | repeat sub
stantially what have said in a former message
the remedy lies in the trial courts and not those of
last resort. Without entering into detoil, | We
suggested the remodeling of the districts, and the
placing of two judges ON the trial bench. Pay
them better salaries Let all petty litigation,
criminal and civil, be bad before these function
aries, and let their Judgment he final in that par
ticular class of Cases. unless where they certify to
q difference OF opinion on some important point
In all litigation OF a more weghty character give
the parties jury if they will pay for it, it the
courts ask for it, and hen restrict appeals unless
there is a Ger ificatc of division on the bench
The benefits to be derived from such system
as this would be-:
/. All litigation would be ended at least within
one lifetime.
q The trials would be more satisfactory The
judges hearing the whole case would naturally be
more competent to decide correctly than an appel
late tribunal.
B. The business would be more rapidly dispatch
ed
A. The country would be greatly relieved of a
very oneroue Jury duty.
g. There would be large saving to the country,
even after allowing for the salary Of an additional
judge.
6. Where case would go to the supreme court
the very question to be decided would be pointed
out in the certificate of the trial court, and then
three judges could do the work which Six are now
engaged in the dockets would be no longer crowded.,
the delays complained Il would be done away with,
ana the reduced labor thus effected would give to
the supreme court plenty of leisure time either for
deliberation or recreation.
In this way you begin at the foundation, and in
stead OF increasing the number OF appellate judges
you will soon be enabled to decrease it If appeals
from one tribunal to another are encouraged, the
result is that the party who finally succeeds comes
ont loser, while his opponent, in too many in
stances is brought to the verge of ruin. The last
scene closes only when the officers of the courts,
lawyers and Others, have swallowed generally more
than the entire sum involved in the suit.
It may be urged that all persons should have the
litigation s the ruin Of the parties engaged in it,
do not wish or intend to disparage an honorable
profession, but at the same time observation has
taught me that most lawyers are anxious to vindi-
cate their own side, ana to succeed, and if clients
will consent to pay fees and costs they will always
md encouragement to appeal as long as there is
higher court to appeal to.
THE TEXAS VETERANS.
recommend repeal of the statute under which
land certificates are now being issueed to Texas
veterans / have believed and still believe that I'M
der fair construction of the law these certificates
were patentable in Greer county. That county
contains about ,sOofO acres, and even If all the
veteran certificates were located there, there would
still be onehalf left to the free Schools with some
2Hl,0RI acres to spare.
Why shall a government mock its fathers by
rendering them bounty that turns to ashes in
their hands? such action is only equalled by
the act Of former legislature, which provided
that these old patriots should have medals-"lro-
yided they had them made at their own expensel"
sooner or later these certificates, KS well as the
large number improyidently issued 20 railways af-
ter the lands were exhausted or withdrawn from
location will fnrnieh the bssis for demands against
the state.
STATE TROOPS.
This extra force has been of great service dur
ing the last two years. In its maintenance
wise economy has prevailed, and in all other re-
spects its management has been satisfactory. The
Legislature appropriated Sl2D,0O0 for this service,
ana there has been used only the sum of SS7, 1854,
leaving unexpended balance of S32,365. In
every instance where the active aid Of the state
troops has been sought they have responded with
alacrity-aways acting in snbordination, however,
EXEMPTIONS FROM TAXATION
There is growing tendency to accumulate
property in the names of various organizations 81
ae to bring it within some of the exemption laws,
and thus relieve it from taxation This is another
species of inequality to the burdens of govern
ment which demands the attention of the legis-
lature. During The year past there has been suit
decided against the county and state in an attempt
to tax certain property in Travis county.
The snit was in the name of A. X. Norris and I'M
der my advice and that of the attorney general,
Mr. Morris appealed the case on my assurance
that would bring the subject before the legisla-
ture and ask provision for saving him harmless on
his appeal bond, which now do.
PUBLIC PROPERTY
The history Of this state lie a curious one We
accord TO our early rulers great patriotism and
wisdom, but they appear to have set but little value
on public grounds and land generally. Texas was
once the owner of all her soil. She gave it away,
however, and then purchased back the ground ON
which the capital city now stands. To-day there is
not single public park or acre of ground for re-
creation or pleasure, in or about the city. The